1.  Redlining Historically

Redlining is the practice of denying services or assistance to specific neighborhoods along racial lines. The Federal Housing Administration (“FHA”) orchestrated the most famous form of redlining practices. The FHA would withhold (or make it very difficult) mortgage capital from minorities who applied for home loans in white neighborhoods (See Boston Fair Housing). This explicit discrimination concentrated minority poverty in the inner city and exacerbated racial segregation in the United States. The practice expanded to private mortgage lenders as well, which further exacerbated these issues. In the 1960s courts began to find the practice illegal, and then in 1968 Congress passed the Fair Housing Act of 1968 to further combat the issue. However, the practice continues to persist and it has expanded into more areas than just housing. Specifically in Michigan, the practice has expanded into car insurance.

2. Redlining in Michigan Auto Insurance

In Michigan, car insurance companies are allowed to charge different rates for different individuals. Several studies and investigations have found that car insurance companies charge more for individuals who live in predominately minority areas (Read here, here, or here). The practice does not specifically target individuals based upon their race; rather, it targets individuals based upon their geography. But the geography that faces higher rates are also areas with high minority populations. Detroit is a city that is 90 percent non-white. The City also faces the highest auto insurance rates in the state (and even the entire country). Flint, which is a city that is 63 percent non-white, also faces higher auto insurance rates then the rest of Michigan.

What you have is racial discrimination hidden as geographic discrimination. Just as housing lenders in the 1930s, 40s, 50s, and 60s restricted capital to minority borrowers based on geography, today car insurance companies are restricting access to car insurance to minorities based on geography. The practice needs to end.

3. The Problem and the Solution

As detailed above the problem is straight forward-ending the practice of geographic discrimination for car insurance in Michigan. By using design thinking and starting the the problem first, I developed what I believe is a practical solution-awareness.

The Michigan legislature has tried to end the practice of car insurance redlining. Most recently the legislature tried in 2017. However, the bill was defeated and the practice continues. I believe in advocating with local legislators to end this practice; however, I have my doubts about advocacy’s success since many people have tried to advocate to stop this practice.

What I propose is a website called “howracistisyourcarinsurance.com” which would catalog the various rates that car insurance companies charge for different geographic areas. The idea would be to shame each insurance provider and have them compete with each other to eliminate redlining practices to eliminate their public shame. The website would need significant time and investment, but if it caught on it would promote competition amongst each insurance provider. Presumably the “most racist” car insurance provider would lose money and then try to lower its ranking. Each provider would follow suite until there is no more redlining practices going on in Michigan.

1.   What Michigan Legal Help is doing right now.

Michigan Legal Help has recognized that the family landscape for same-sex couples has changed dramatically in the last three years. Prior to June 2015, it was illegal for same-sex couples to get married in Michigan (see DeBoer v. Snyder). When the Supreme Court ruled that same-sex couples had a fundamental right to marry in Obergefell v. Hodges same-sex Michiganders were then permitted to marry. This also opened the door to traditional legal issues that can accompany marriage. These issues include divorce, Personal-Protection Orders, custody disputes, asset disputes, and others. After June 2015, Low-Income LGBTQ individuals who encountered legal issues in their marriage needed pro-se legal services.

Michigan Legal Help has responded by writing articles that help same-sex couples navigate the legal terrain that can accompany marriage. These articles link to “Do-It-Yourself” tools that will populate court forms for family matters related to divorce, custody, and other legal issues. The articles do not just focus on the breakdown of a marriage, but they also focus on how same-sex couples can grow their families through adoption and custody. The articles also link to other parts of the website that will help individuals complete court forms. Ultimately Michigan Legal help has done a good job of putting resources on its website so that same-sex couples can access pro se tools. The tools do not use gendered pronouns and they allow for individuals to choose their spouse as being the same or different gender.

 

2.    How I would improve what Michigan Legal Help is doing. 

Michigan Legal Help is doing a great job of meeting the legal needs of low-income LGBTQ individuals, but there is always more that can be done. Family law is certainly the area where most of the specific issues for LGBTQ individuals will appear. All of the forms that are utilized by Michigan Legal Help are for both same-sex and opposite-sex couples. I would survey courts, communities, and individuals to find out what the legal needs are for the LGBTQ community. I understand conceptually why there are unique legal issues in family law in Michigan because the law has changed drastically in the last three years (and that is why we have developed two articles focusing on same-sex couples in family law). But there are certainly other issues that LGBTQ individuals are facing, and it is silly to believe that we can answer those needs by guessing at what the community needs. Rather, it is smart to focus the energy Michigan Legal Help into the areas that are in the most need. You cannot find the areas that are in the most need unless you survey.

The LGBTQ community serves such a diverse population that articles focusing on the family are certainly missing other important legal aspects of the community. But again, it is silly for me or anyone else to speculate on what those areas are. The areas of need should be researched and then tools and articles should be developed to meet those needs. What I am advocating for is using the limited time, resources, and manpower of Michigan Legal Help in a smart and efficient manner. By reaching out to the LGBTQ community and letting the community tell Michigan Legal Help what it needs, then we are bringing those individuals into the fold and allowing them to have a greater voice. This builds a more inclusive and diverse environment.

  1. 1.What is Michigan Legal Help

Michigan Legal Help is a website designed to help individuals in the state of Michigan handle their legal problem without a lawyer. The idea behind Michigan Legal Help was to increase the access to justice for individuals in Michigan. The site provides articles that explain the law, “Do-It-Yourself” tools that create court forms, and provides answers to common legal questions.

Michigan Legal Help continues to grow. It also continues to expand into other areas of the law to provide a greater access to justice.

2. My Projects

As an ATJ Tech fellow I am working with other states to develop, test, and implement online “Do-It-Yourself” tools. Most states have websites similar to Michigan Legal Help, which also provide forms for individuals create court forms. However, these tools are mostly on an old platform, which is no longer supported. Thus, the states need to migrate their forms over to the new platform. My role is to learn about the applicable law, review the tools, find any errors, and provide feedback on the tools. The developers then make the adjustments and I re-check the tools. This is very helpful because of the time consuming nature of testing and re-testing.

3. Improving the Delivery of Legal Services

Improving online tools will allow individuals in each state to utilize legal services without a lawyer. Utilizing and paying for a lawyer is not an option for  many individuals. The online tools allow individuals to utilize the court system without paying a high price.

4. Expanding Justice 

Continue Reading My Time at Michigan Legal Help